Ignorance of the truth is no excuse

By watching court dramas as a child I learned, “Ignorance of the law is no excuse,” (Ignorantia juris non excusat). Therefore the mislead will be punished for their actions on January 6, 2021.  As for those who mislead them? Nothing. They broke no laws.

Facebook has taken most of the blame so far. Deservedly so. However, lying partisans and Fox commentators have largely escaped rebuke.

President Biden said this morning:

"My fellow Americans, in life there's truth and tragically there are lies. Lies conceived and spread for profit and power. We must be absolutely clear about what is true and what is a lie. And here's the truth: The former president of the United States of America has created and spread a web of lies about the 2020 election.

He's done so because he values power over principle, because he sees his own interest as more important than his country's interest, than America's interest. And because his bruised ego matters more to him than our democracy or our Constitution."

Biden blames the problem on lies. Particularly that of one man but he also doesn’t spare the Republicans continuing to back Trump.

"While some courageous men and women in the Republican Party are standing against it, trying to uphold the principle of that party, too many others are transforming that party into something else."

Something else is possible when a party values power over truth. But to be completely fair, which party is lying and which is telling the truth? We wouldn’t be in such a partisan mess if the fairness doctrine of 1949 hadn’t been repealed. That doctrine required broadcasters to present controversial views in response to their programming. It was in broadcasters’ interests to avoid giving air time to disagreeing viewers. Air time was too valuable to give to dissenting voices. To avoid controversy, broadcasters presented news as factually and objectively as possible. Bland, harmless news avoids controversy.

News organizations are free now to express controversial, even untruthful opinions while giving equal time to no one. Partnering with Trump, they created a counter-narrative while the Fake News claimed Trump lied over 30,000 times. Sounds unbelievable. Could they be lying themselves? It’s hard to tell. Furthermore, there are few instances of lying that are punishable, and many that are never challenged. Lies pass themselves off as free speech and any attempt to regulate lying would need to be carefully worded so as not to unjustly entrap those exercising their right to speak freely.

“The Justice Department remains committed to holding all Jan. 6 perpetrators, at any level, accountable under law,” said Attorney General, Merrick Garland. I expect that ignorance of the truth will be no excuse, while those who deceived won’t be punished.

It’s unlikely laws curtailing lies will arise. But perhaps the people will. What if they demanded a change in the political process? The abolishment of parties for example. Expressing political will would become more local and more personal. Perhaps even grow better conceived ideas. Could it be done? Would it hurt to try?

True news is good news

 “We’re an empire now, and when we act, we create our own reality. And while you’re studying that reality — judiciously, as you will — we’ll act again, creating other new realities, which you can study too, and that’s how things will sort out. We’re history’s actors . . . and you, all of you, will be left to just study what we do.” ― Karl Rove

Mainstream news sources and some politicians are calling it “the big lie.” By this they refer to a phrase that Adolf Hitler used in “Mein Kampf” to describe an untruth so enormous that no one would dare to question it. This time around, the lie under discussion is President Trump’s preemptive claim that if he lost the election, it would be due to voter fraud, and his follow-up claim that voter fraud cost him the election.

The mainstream news cites court rulings and election officials to defend its claim that the 2020 election was  fair. Those who claim it was stolen typically consider mainstream news to be fake. In some of their minds a cabal of leftist pedophiles has infiltrated powerful institutions and gained control. Less than five percent of men are estimated to be pedophiles. No matter how perverse lefties might be, it’s likely that fewer than one in 20 is a pedo. How did so few pedos manage to gain control of everything?

Regardless, both sides can’t be right. One side must be lying. The First Amendment, of course, guarantees Americans’ right to lie their asses off. Or does it? Actually, telling some types of lies can bring legal problems. But many other types of lies are legally bullet proof. Perhaps it’s time to change that up a bit.

Between the years 1949 and 1987, TV and radio stations were bound by the “Fairness Doctrine.” This policy required broadcasters to devote a portion of their programing to issues in the public interest. It also required them to air opposing views.

With no policy like the Fairness Doctrine to restrain them, some broadcasters now freely spew bullshit. With no rules at all, bullshit rules the internet. Take “likes.” When a user likes a  Facebook post, that signals Facebook to feed the user other posts offering the same viewpoint. Social scientists say many innate biases influence our behavior. One of these is called “confirmation bias.” This bias describes a human tendency to look for information that confirms what one already believes. Facebook willingly feeds us what we already believe. When we don't consider other viewpoints we cannot grow. 

When Russia tries to influence our votes and when its users make hateful statements, Facebook responds with too little too late and promises to do better next time. Suppose instead, Facebook stopped manipulating its feeds and provided its users a stream of mixed viewpoints? That might work somewhat like a Fairness Doctrine. This alone wouldn’t restore a common, more-or-less factual news narrative, but along with fresh, well-conceived laws, Americans might once again share the same reality.

Bumper crop

Poor Donny Two Peaches. All at once he lost his Twitter account, his Facebook account, Cabinet members, the respect of many supporters, and now he might be forced into early retirement. Perhaps even prison.

His good buddy Mike is so upset that he hasn't been answering his phone.

Nancy and Chuck no longer want to play with him. Even his buddy Mitch doesn't want to hang out with him anymore.

When will this sad story end? Perhaps on January 20. Perhaps somewhat sooner. Another bad boy, Tricky Dick, got asked to leave. And he did. But this time it's different. Only the other team is saying he should leave. The teammates of Donny Two Peaches haven't asked him to leave the game because they've lost their balls. Only Lisa found her balls. None of the boys. Isn't that silly? Bye-bye balls. Bye-bye integrity.

Divided by lies

Politicians lie. In that, they are all the same. They differ only in the outrageousness of their untruths. Some politicians lie unintentionally with issue summaries that exclude, misrepresent, or exaggerate information. In these cases, there remains at least a basis in facts. Other politicians lie intentionally. That’s a problem in a representative democracy, but merely a control method in an oligarchy.

 The Republican Convention this week has been a fibbers festival. You needn’t take my word for it however. News organizations including the New York Times, The Washington Post, and NPR are saying so. I don’t remember any news organization ever calling a president a liar before the current one took office. But there you go. It’s the new normal. Consider the words of U.S. Rep Matt Gaetz who said Democrats would try to, “disarm you, empty the prisons, lock you in your home, and invite MS-13 to live next door.” Gee, I don’t remember the last Democratic president doing those things.

 I want to focus on one Big Lie. Trump says he’s a “law and order” president, but that doesn’t mean what one might think. In this case, “law and order” is code for preserving a status quo that keeps a Jim Crow legacy alive. Protests against police victimizing and killing blacks have continued for several months. During daylight hours, these protests have been largely peaceful. During the nights, some of those in much smaller gatherings have acted criminally. These people are not necessarily the same ones who protest peacefully. The Washington Post reports that most of those responsible for deaths related to the protests have not been protesters themselves. Some were white members of the far right.

 Since the protests began, the president has lumped peaceful protesters with rioters, ignoring the fact that peaceful protest is a right, rather than a crime. This is dangerous. Once peaceful protest becomes identified with criminal behavior, Americans’ right to free speech will end. The cause is just. The protest is needed. Untruths have no place in democracies.